This Q&A about whether a strata manager can control the use of a sweeper has been answered by Jordan Dinga, Abode Strata.
Question: We’ve been using a resident’s sweeper for our large common area for years. Our strata manager will no longer allow the use of the sweeper. No real reason has been given. Is that right?
We have a large common area which we have been using a mechanical non motorized sweeper for about eight years. The sweeper is owned by one of the residents.
We have recently been told by our strata manager that we can’t use the sweeper anymore. As well as the lot owners, the gardener was also using it and has been told she can’t use it anymore either.
I’m not quite sure why the Strata Manager has said no. All the information we have received is that it is strata law not to use the sweeper.
If this is strata law how can we, ‘the residents’, vote to again use the sweeper in this complex?
Answer: Your strata manager should really be providing the residents with more information and facilitating what the lot owners want.
There seems to be confusion about whether there is or isn’t a by-law specifically regarding the sweeper.
If there is a by-law, then the owners simply need a unanimous vote at a meeting to remove/amend the by-law. Then the council organises for someone to lodge this with Landgate.
If there isn’t a by-law there is nothing to say they can’t use it, unless it is breaching any general by-law such as noise and nuisance. If this isn’t causing a problem to any owners then I don’t see a problem.
Your strata manager should really be providing the residents with more information and facilitating what the lot owners want.
This post appears in Strata News #232.
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